Missouri CWD TSE Prion Courts of Appeals DONALD HILL, et al, NO, ED 105042
In The Missouri Courts of Appeals
Eastern District
Division One
DONALD HILL, et al, No. ED 105042
Respondents, Appeal from the Circuit Court of Gasconade County VS. MISSOURI DEPARTMENT OF Hon. Robert D. Schollmeyer CONSERVATION, et al., Filed: October 10, 2017 Appellants.
The Missouri Conservation Commission ("the Commission"), its individual members, James Blair, David Murphy, Marilynn Bradford and Don Bedell, and the Missouri Department of Conservation (collectively "Appellants") appeal from the judgment entered in favor of Donald Hill, Travis Broadway, Oak Creek Whitetail Ranch, LLC, Winter Quarters Wildlife Ranch, LLC, Kevin Grace and White Tail Sales and Service, LLC, (collectively "Respondents") enjoining enforcement of amended regulations enacted by the Commission pertaining to the importation and possession of deer, which took effect in January of 2015. We would reverse the judgment of the trial court. However, because of the general interest and importance of the questions involved here, we transfer this case to the Missouri Supreme Court under Rule 83.02.
The Commission, a constitutional entity, was created by Missouri voters through a ballot initiative in 1936, which vested the Commission with authority over the "control, management, restoration, conservation and regulation of the bird, fish, game, forestry and all wildlife resources of the state, including hatcheries, sanctuaries, refuges, reservations and all other property owned, acquired or used for such purposes and the acquisition and establishment thereof, and the administration of all laws pertaining thereto." Mo, CoNsT. art, IV, § 40(a). The Commission now acts through the Missouri Department of Conservation. See Section 252.002.
Among the wildlife the Commission regulates are elk and white-tailed deer, which are native to Missouri. Both species are in the family cervidae, commonly known as cervids. Respondents participate in Missouri's captive cervid industry, which relies on two main types of activities: (a) selective breeding of cervids for desirable genetic traits like large antler racks and (b) the operation of private hunting preserves, where hunters pay thousands of dollars to hunt and take trophy bucks. Respondents rely on an interstate market in captive cervids to obtain the animals they need for their breeding operations and to meet demands for hunting on their preserves.
Respondent, Donald Hill, is the co-owner of Oak Creek Whitetail Ranch, a 1,300-acre hunting preserve and white-tailed deer breeding operation, and Respondent, Travis Broadway, is the owner of Winter Quarters Wildlife Ranch, a 3,000-acre hunting preserve and luxury lodge. Respondent, Kevin Grace, runs a breeding facility for white-tailed deer, sika and red deer, He also brokers deals between breeders and hunting preserves and presides over captive cervid auctions each year.
Chronic Wasting Disease ("CWD") is a fatal neurodegenerative disease infecting cervids. It is spread directly through animal-to-animal contact as well as indirectly through environmental contamination. CWD was first detected in Missouri in February 2010 at Heartland Wildlife Ranches ("Heartland"). There is no method approved by the United States Department of Agriculture for testing cervids for CWD while they are still alive. The approved test must be performed post-mortem. CWD also has an incubation period of eighteen months, meaning a cervid can be CWD-positive for a period of time without showing any signs of the disease.
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In an effort to manage the continued threat of CWD, the Commission proposed a series of amended regulations, which went into effect January 2015 and were directed at Missouri's captive cervid industry. The industry had been subject to previous unchallenged regulation by the Commission. Respondents filed the present action against Appellants challenging these amended regulations and seeking to enjoin Appellants from enforcing them. Respondents claim that because their captive cervids were not "game" or "wildlife resources of the state" under Article IV, Section 40(a) of the Missouri Constitution, the Commission did not have the constitutional authority to regulate Respondents' cervids. Respondents also claim the amended regulations interfere with their fundamental right to farm. The specific amended regulations that Respondents challenged include the following:
1. 3 CSR 10-4.110(1), prohibiting the possession of wildlife except as permitted by the Commission's regulations and clarifying that it applied to "wildlife raised or held in captivity";
2. 3 CSR 10-9.220(2), designating all white-tailed deer, white-tailed deer hybrids, mule deer and mule deer hybrids in the state, without regard for ownership or captivity, as "Class I Wildlife" and imposing fencing and confinements requirements;
3. 3 CSR 10-9.220(3), imposing new fencing and confinement requirements for facilities that hold cervids;
4. 3 CSR 10-9.353 and 3 CSR 10-9.359, imposing a variety of permitting, record- keeping and reporting requirements on breeding cervids;
5. 3 CSR 10-9.565(1)(B) and 3 CSR 10-9.566: imposing comparable veterinary- testing, record-keeping and reporting requirements on hunting preserves;
6. 3 CSR 10-9.353(2), (9) and 3 CSR 10-9.565(1)(B)(9), prohibiting out-of-state cervids from being shipped to breeding facilities or held on hunting preserves ("Only cervids born inside the state of Missouri may be propagated, held in captivity, and hunted on big game hunting preserves.").
After issuing a preliminary injunction, the trial court held a hearing on the full merits of Respondents' claims. Following that hearing, the trial court declared all the challenged amended
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regulations to be invalid pursuant to Section 536.050.11 and prohibited the Commission from directly or indirectly relying on or enforcing them. The trial court, however, specifically allowed the Commission to rely on and enforce the regulations as they existed prior to the January 2015 amendments.
The trial court addressed Article IV, Section 40(a) of the Missouri Constitution, which vests in the Commission the "control, management, restoration, conservation and regulation of the bird, fish, game, forestry and all wildlife resources of the state . ." The trial court found that the evidence showed that the Respondents' cervids were not "game [or] wildlife resources of the state" but were privately owned by Respondents and that Appellants therefore "have not been granted valid rulemaking authority on this subject." In addition, the trial court found that Respondents and others affected by the regulations at issue were allowed both to import "white-tailed deer, white-tailed deer hybrids, [and] mule-deer hybrids" into Missouri and to hold live cervids imported into Missouri in licensed big game hunting preserves, subject to existing regulations by the Missouri Department of Agriculture or any other relevant state or federal regulations not challenged in the present case, including the Commission's regulations as they existed prior to the January 2015 amendments.
The trial court found that if the amended regulations were enforced, Respondents "would suffer irreparable harm in the form of lost business, loss of customer goodwill, and being subject to unauthorized enforcement activities in a manner that intrudes upon their property rights." The trial court also noted: the regulations had been under development for years, the prevalence of
Section 536.050.1 provides:
The power of the courts of this state to render declaratory judgments shall extend to declaratory judgments respecting the validity of rules, or of threatened applications thereof, and such suits may be maintained against agencies whether or not the plaintiff has first requested the agency to pass upon the question presented. . .
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CWD in Missouri remains extremely low, the Commission is managing CWD through measures shown to stabilize its prevalence in other states, no mass mortalities attributed to CWD have occurred since the amended regulations were proposed, there have been no new CWD-positive tests in captive preserves in the previous five years and CWD has had no impact on hunting patterns in Missouri since it was first detected, except in some target areas. The trial court also noted that captive cervids pose less of a risk to the spread of CWD outside their captive preserves, and the state has a better ability to respond to a CWD-positive cervid in a captive preserve because the cervids are enclosed.
The trial court further found that Respondents are engaged in "farming and ranching" practices protected by the Missouri Constitution. In particular, the trial court noted that Respondents' activities, including "acquiring, keeping, feeding and caring for herds of cervids," breeding the cervids for desired traits and building and maintaining appropriate fencing and other facilities to contain the cervids, fall within the plain and ordinary meaning of "farming and ranching" practices. The trial court further found: the amended regulations substantially burden Respondents' right to farm and ranch by eliminating the interstate market for captive cervids and causing Respondents to potentially incur hundreds of thousands of dollars to comply with the amended fencing regulations. The trial court noted that Respondents face the possibility of the cancellation of scheduled hunts and an inability to meet their customers' demand for both breeding and hunting events if they are unable to import cervids from outside the state. The trial court concluded that because the amended regulations would significantly impact Respondents' right to farm and ranch, the amended regulations were subject to strict scrutiny.
The trial court found the amended regulations are not narrowly tailored, and therefore, do not survive strict scrutiny. The trial court also concluded: the importation ban is not narrowly
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tailored and is "patently both over-inclusive and under-inclusive." It is over-inclusive because it prohibits importation of healthy cervids under a separate United States Department of Agriculture program, and it is under-inclusive in that the Commission claims that eliminating interstate movement of cervids is essential to managing CWD but the Commission itself also recently imported elk, which are also cervids. The trial court found that historically an "extraordinarily small percentage" of cervids shipped from CWD-certified herds were later found to be CWD- positive.
As for the amended regulations related to fencing, the trial court noted the previous version of the regulations included fencing standards for these captive preserves. The trial court found that because the Commission suggested that a variance to the amended fencing regulations could be granted, the amended regulations could not be considered strictly necessary to achieve a compelling state interest. In addition, the trial court found the amended fencing regulations are not narrowly tailored because they are not based on documentation of any existing problems that would be ameliorated by the amended regulations.
The trial court also awarded Respondents reasonable fees and expenses.
This appeal follows. In Point I, Appellants claim the trial court erred in entering judgment for Respondents on their claim that the regulations are unauthorized and contrary to Missouri law because captive cervids are "game" and "wildlife resources of the state" under the Missouri Constitution and the Commission has authority to enact regulations concerning captive cervids because they can pass CWD and other disease to Missouri's free-ranging cervids. In Point II, Appellant's claim the trial court erred in entering judgment for Respondents on their claim that the regulations violated their right to farm because (a) the right to farm is subject to the Commission's constitutional powers,
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(b) the Respondents are not engaged in farming or ranching practices, (c) the court gave insufficient weight to the Commission's constitutional authority, (d) the challenged regulations do not heavily burden any right to farm the Respondents may have, (e) the challenged regulations are rationally related to a legitimate state interest and (f) the challenged regulations are narrowly tailored to achieve a compelling state interest. In Point III, Appellants claim, in the alternative, that the trial court erred in enjoining enforcement of the regulations, under Respondents' right to farm claim, as to all persons because the injunction is overbroad and void as to non-parties.
We review a declaratory judgment under principles set forth in Murphy v. Carron, 536 S.W.2d 30, 32 (Mo. bane 1976). Motor Control Specialties v. Labor and Indus. Relations Connn in, 323 S.W.3d 843, 849 (Mo. App. W.D. 2010). We will affirm the judgment in a court- tried civil case "unless there is no substantial evidence to support it, it is against the weight of the evidence, or it erroneously declares or applies the law." Pearson v. Koster, 367 S.W.3d 36, 43 (Mo. bane 2012) (citing Murphy v. Carron, 536 S.W.2d 30, 32 (Mo. bane 1976)). Questions of law are reviewed de novo, and we give no deference to the trial court's legal conclusions. Motor Control Specialties, 323 S.W.3d at 849. "The circuit court's interpretation of the Missouri Constitution is reviewed de novo." Swallow Tail, LLC, 2017 WL 892549 at *3 (internal quotation marks omitted). We also apply de novo review to regulations. Turner v. Mo. Dep'l of Conservation, 349 S.W.3d 434, 442 (Mo. App. S.D. 2011).
"Properly promulgated agency rules and regulations have the same force and effect as statutes," and "[t]he party challenging the validity of a statute bears the burden of proving the statute is unconstitutional." Id. (internal quotations omitted); see also Miller v. City ofManchester, 834 S.W.2d 904, 907 (Mo. App. E.D. 1992) (resolving conflict between an ordinance and a Commission regulation by applying the same principles that govern conflicts between ordinances
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and statutes because "Mules duly promulgated pursuant to properly delegated authority have the same force and effect of law"). Accordingly, Respondent bears the burden of proving the amended regulations here are unconstitutional.
Missouri courts have held that administrative agencies enjoy no more authority than that granted by statute. Termini v. Missouri Gaming Comm 'n, 921 S.W.2d 159, 161 (Mo. App. W.D. 1996); Dishon v. Rice, 861 S.W.2d 126, 128 (Mo. App. E.D. 1994); Hearst Corp. v. Director of Revenue, 779 S.W.2d 557, 558-59 (Mo. bane 1989). "Regulations may be promulgated only to the extent and within the delegated authority of the statute involved." Termini, 921 S.W.2d at 161. "An administrative agency cannot infer power from the statute simply because that power would facilitate the accomplishment of an end deemed beneficial." Dishon, 861 S.W.2d at 128. While the authority here is granted by constitutional amendment and not statute, we find the same law applies such that the Commission's regulations may be promulgated only to the extent and within the authority delegated by the constitutional amendment at issue. "Erroneous regulations are a nullity." Hearst Corp., 779 S.W.2d at 559; see also Pen-Yan Inv., Inc. v. Boyd Kansas City, Inc., 952 S.W.2d 299, 304 (Mo. App. W.D. 1997) ("Regulations which exceed the authority granted the promulgating agency are null and void.").
In their first claim, Appellants allege the trial court erroneously declared and applied the law in that captive cervids are "game" and "wildlife resources of the state" under the Missouri Constitution and the Commission has authority to enact regulations concerning captive cervids because they can pass CWD and other diseases to Missouri's free-ranging cervids. Specifically, Appellants argue that the trial court erred in concluding that privately owned animals are not "game" or "wildlife" and that privately owned wildlife is not a "resource of the state" under the Missouri Constitution.
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The Commission's authority to enact the regulations at issue here is derived from the
Missouri Constitution, Article IV, Section 40(a), which provides:
The control, management, restoration, conservation and regulation of the bird, fish, game, forestry and all wildlife resources of the state, including hatcheries, sanctuaries, refuges, reservations and all other property owned, acquired or used for such purposes and the acquisition and establishment thereof, and the administration of all laws pertaining thereto, shall be vested in a conservation commission .
Appellants claim that Respondents' captive cervids are "game" and "wildlife resources of the state" such that they are subject to regulation by the Commission pursuant to this constitutional amendment.
"Rules applicable to constitutional construction are the same as those applied to statutory construction, except that the former are given a broader construction, due to their more permanent character." Boone County Court v. State, 631 S.W.2d 321, 324 (Mo. bane 1982) (superseded by statute on other grounds); see also De Mere v. Mo. State Highway and Transp. Comm'n, 876 S.W.2d 652, 655 (Mo. App. W.D. 1994) (noting that to determine the intent and purpose of constitutional provisions, "the construction should be broad and liberal rather than technical, and the constitutional provision should receive a broader and more liberal construction than the statutes"). "The fundamental rule of constitutional construction is that courts must give effect to the intent of the people adopting the amendment." Pestka v. State, 493 S.W.3d 405, 411 (Mo. bane 2016). "The meaning conveyed to the voters is presumptively equated with the ordinary and usual meaning given thereto." Boone County Court, 631 S.W.2d at 324. The ordinary and usual meaning is derived from the dictionary. Id. "The grammatical order and selection of the associated words as arranged by the drafters is also indicative of the natural significance of the words employed." Id.
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Accordingly, to determine whether the regulations here are authorized by the Missouri Constitution, we must look to the intent of the voters who adopted the constitutional amendment. We must determine the meaning conveyed to them, which is presumptively the ordinary and usual meaning given to the language in the amendment, and to determine the ordinary and usual meaning, we look to the dictionary. We must determine what the amendment authorizes the Commission to control, manage, restore, conserve and regulate. In particular, we must determine what is meant by "the bird, fish, game, forestry and all wildlife resources of the state . . . ."
While the parties look to case law beyond the context of Section 40(a) as well as language from Missouri statutes and Department of Agriculture regulations to interpret the language of Section 40(a), we are concerned with the dictionary definitions, as indications of the ordinary and usual meanings of the words. Specifically, if we assume that Respondents' captive cervids are "game" under the amendment, we must determine if the voters intended the amendment to require the cervids to also be "resources of the state" in order to be regulated by the Commission. If we conclude the amendment creates such a requirement, we must determine whether Respondents' captive cervids are in fact "resources of the state."
While we recognize that "game" can generally mean "[amn animal or animals under pursuit or taken in hunting," Webster's New International Dictionary 1030 (1952),2 without regard to ownership or captivity of the animals so as to include Respondents' captive cervids, the entirety of the language in Section 40(a) requires that we interpret "game" to modify "resources of the
2 Among the most applicable definitions of "game" in Webster's New International Dictionary are: "[s]port in the hunting field," "[a]n animal or animals under pursuit or taken in hunting: quarry; in a collective sense, the various animals (chiefly birds and mammals) which are considered worthy of pursuit by sportsmen," "[a] kept heard or flock of such animals" or "Nile flesh of any game mammal or game bird considered as an article of food." Webster's New International Dictionary 1030 (1952).
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state." Thus, in order for the Commission to have authority to regulate Respondents' captive cervids, they must qualify as "game resources of the state."
We base this conclusion partially on the word "the" that precedes the word "bird" in the phrase, "the bird, fish, game, forestry and all wildlife resources of the state . . . ." Applying the rules of statutory construction to constitutional construction here, we recognize that every word, clause, sentence, and provision must have effect, See Saint Charles County v. Dir. of Revenue, 407 S.W.3d 576, 578 (Mo. banc 2013) (internal quotations omitted); see also Boone County Court, 631 S.W.2d at 324, Without the "the" preceding "bird," we could read the following as independent elements of a series of items the Commission is authorized to regulate: "bird," "fish," "game," "forestry" and "all wildlife resources of the state." However, using the definite article "the" limits the elements of the series and requires they be read in conjunction with subsequent language, namely, "resources of the state." See Russell v. Terminal R.R. Ass'n of St. Louis, 501 S.W.2d 843, 849 (Mo. bane 1973) (Seiler, J., dissenting opinion) ("Use of the definite article 'the' limits 'occurrence' to a specific, particular, single occurrence. It does not permit several occurrences or a combination thereof"); Hopkins v. State, 802 S.W.2d 956, 957-58 (Mo. App. W.D. 1991) (noting the "use of the definite article 'the', as opposed to the indefinite article 'a', denotes the particular judgment or the particular sentence which resulted from a felony conviction on a guilty plea and delivery to custody").
In addition, we find the singular use of the word "bird" rather that the plural "birds" following "the" to indicate that the elements of the series modify "resources of the state" and do not constitute independent elements of the series. The amendment does not give broad authority to regulate "the birds." The authority to regulate "the bird" only makes sense if read in conjunction with subsequent language in the phrase, namely, "resources of the state," 11 In other words, we read Section 40(a) as authorizing the Commission to:
• control, manage, restore, conserve and regulate the bird resources of the state, • control, manage, restore, conserve and regulate the fish resources of the state, • control, manage, restore, conserve and regulate the game resources of the state, • control, manage, restore, conserve and regulate the forestry resources of the state and • control, manage, restore, conserve and regulate all wildlife resources of the state.
The alternative construction would result in concluding that the Commission has the authority to:
• control, manage, restore conserve and regulate the bird, • control, manage, restore, conserve and regulate the fish, • control, manage, restore, conserve and regulate the game, control, manage, restore, conserve and regulate the forestry and • control, manage, restore, conserve and regulate all wildlife resources of the state.
This reading is illogical.
Based upon our construction here, we must determine whether Respondents' captive cervids are "resources of the state." To do so, we must determine the meaning of these terms conveyed to the voters who adopted Section 40(a), which is presumptively the ordinary and usual meaning given to these terms. As previously indicated, to determine the ordinary and usual meaning of this language, we look to the dictionary. Webster's New International Dictionary defines "resources" as "{a]vailable means as of a country or business; computable wealth in money, property, products, etc.; immediate and possible sources of revenue; as, America's rich natural resources . . 53 Webster's New International Dictionary 2122 (1952) (emphasis in original).3 We find cervids, whether captive or free-ranging, to be resources of the state in that
3 While Webster's New International Dictionaly defines "resource" or "resources" in other ways, these are the definitions we find most applicable to the language of Section 40(a). Webster's New International Dictionary 2122 (1952).
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they are "available means" of the state. See id. They are considered "available means" of the state or "computable wealth" in that they are "products" of the state. See id. Just as this dictionary definition provides the example of "America's rich natural resources," we find cervids, whether captive or free-ranging, to be among Missouri's natural resources. See id. (emphasis in original). We agree with Appellants' suggestion that in the same way coal, minerals or oil are, in common parlance, resources of a state, regardless of ownership, Respondents' captive cervids are resources of the state of Missouri. Accordingly, we would find Respondents' captive cervids to be "game resources of the state," and as such, subject to regulation by the Commission. "
[I]n arriving at the intent and purpose[,] the construction should be broad and liberal rather than technical, and the constitutional provision should receive a broader and more liberal construction than statutes." State Highway Comm 'n v. Spainhower, 504 S.W.2d 121, 125 (Mo. 1973). This is because "a constitution is expected to be effective over a longer period of time, and its method of revision or amendment is more cumbersome than the legislative process." Rathjen v. Reorganized Sch. Dist. R-II ofShelby County, 284 S.W.2d 516, 530 (Mo. bane 1955). Here, our "broad and liberal rather than technical" construction of the amendment is consistent with the language of Section 40(a), which indicates an intent to restore and conserve the game and wildlife resources of the state.
Regardless of whether the Commission has authority to regulate captive cervids, it undoubtedly has authority to regulate free-ranging cervids which are both "game resources of the state" and "wildlife resources of the state." Given the highly communicable nature of CWD in that it can be spread both directly and indirectly through environmental contamination, the Commission's efforts to restore and conserve free-ranging cervids would be threatened without the authority to regulate all cervids capable of infecting free-ranging cervids with this fatal disease.
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We would find the Commission's authority to regulate free-ranging cervids, therefore, to include the authority to regulate importation and possession of other cervids, which could pose a serious and fatal threat to those free-ranging cervids.
Point I would be granted. However, we transfer this case to the Missouri Supreme Court under Rule 83.02 because of the general interest and importance of the questions involved.
In Point II, Appellant's claim the trial court erred in entering judgment for Respondents on their claim that the regulations violated their right to farm because (a) the right to farm is subject to the Commission's constitutional powers, (b) the Respondents are not engaged in farming or ranching practices, (c) the court gave insufficient weight to the Commission's constitutional authority, (d) the challenged regulations do not heavily burden any right to farm the Respondents may have, (e) the challenged regulations are rationally related to a legitimate state interest and (0 the challenged regulations are narrowly tailored to achieve a compelling state interest. We would find that the "right to farm" amendment to the Missouri Constitution, Article I, Section 35, was not intended to protect Respondents here and that the challenged regulations are rationally related to a legitimate state interest such that they do not create a constitutional violation.
Because agency rules and regulations have the same force as statutes, Turner, 349 S.W.3d at 442, we analyze the constitutionality of the challenged regulations here as courts analyze the constitutionality of a challenged statute. The first step is to determine whether the challenged law "implicates a suspect class or impinges upon a fundamental right explicitly or implicitly protected by the Constitution." Weinschenk v. Slate, 203 S.W.3d 201, 210 (Mo. banc 2006). "If so, the classification is subject to strict scrutiny." M. at 211 (internal quotation marks omitted). If not, we apply a rational basis review "to determine whether the challenged law is rationally related to some legitimate end." Amick v. Dir. of Revenue, 428 S.W.3d 638, 640 (Mo. banc 2014). The
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second step requires us to apply the appropriate level of scrutiny to the challenged regulation. See id.
The challenged regulations here do not implicate a suspect class since they do not classify "on the basis of race, national origin, gender or any other arbitrary personal characteristic." Id. Respondents assert the regulations are subject to strict scrutiny because they impinge upon their fundamental rights. "The fundamental rights requiring strict scrutiny are the right to interstate travel, to vote, free speech, and other rights explicitly or implicitly guaranteed by the constitution." Labrayere v. Bohr Farms, LLC, 458 S.W.3d 319, 331-32 (Mo. banc 2015). Respondents claim the challenged regulations violate their right to farm, which is guaranteed by Article 1, Section 35 of the Missouri Constitution. This Section provides:
That agriculture which provides food, energy, health benefits, and security is the foundation and stabilizing force of Missouri's economy. To protect this vital sector of Missouri's economy, the right of farmers and ranchers to engage in farming and ranching practices shall be forever guaranteed in this state, subject to duly authorized powers, if any, conferred by article VI of the Constitution of Missouri.
As previously noted, "The fundamental rule of constitutional construction is that courts must give effect to the intent of the people adopting the amendment." Pestka, 493 S.W.3d 405, 411 (Mo. banc 2016). While there could be some ambiguity as to whether Respondents' activities are considered "farming" or "ranching" under Article 1, Section 35, since cervids are not traditional farm or ranch animals and Respondents' activities are not all traditional "farming' or "ranching" practices, language within the amendment itself provides us with a clear indication of the intent behind the provision, and we must give effect to that intent. The first phrase of the amendment provides, "That agriculture which provides food, energy, health benefits, and security is the foundation and stabilizing force of Missouri's economy." MO, CONST., ART. 1, § 35. This
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amendment was enacted to protect the "vital sector of Missouri's economy" that provides "food, • energy, health benefits or security." ld. Neither selective breeding of cervids for desirable genetic traits nor the operation of private hunting preserves, where hunters pay thousands of dollars to hunt and kill trophy bucks, provides "food, energy, health benefits or security." See id. Even under our broader constitutional construction, given the intent of this amendment as clearly indicated by its introductory language, we would not find the amendment was intended to protect Respondents here.
Because we would find no fundamental right applies with respect to the challenged regulations and they do not draw a distinction on the basis of a suspect classification, we would "apply a rational basis review to determine whether the challenged law is rationally related to some legitimate end." Amick, 428 S.W.3d at 640. "[Rjational-basis review requires the challenger to show that the law is wholly irrational." Id. (internal quotation marks omitted). Under the rational relationship standard, plaintiff bears the burden to prove that the challenged regulation is irrational and must negate "every conceivable basis upon which the rule may be justified." Id. at 641 (noting the burden is on the party attacking the legislative arrangement to negate "every conceivable basis which might support if'). When a court reviews a regulation, "if there is any reasonable basis upon which it may constitutionally rest," the court must assume the body enacting the regulation was aware of such facts and passed the regulation pursuant thereto. Gray v. City of Florissant, 488 S.W.2d 722, 725 (Mo. App. B.D. 1979).4
4 In Gray, this Court analyzed the constitutionality of a rule contained in the Manual of Policies and Procedures of the Florissant Police Department setting certain weight requirements for its police officers. Gray, 588 S.W.2d at 725. This Court noted the "distinction between those cases involving irrebuttable presumptions impinging upon fundamental rights pertaining to matters of'marriage and family life and those wherein legislative choices concerning matters of economics, business and social policy were involved." lei. Where cases involve "matters of economics, business and social policy," "the standard of review was whether the regulation in question bore any rational relationship to a legitimate legislative goal" and not "a more exacting scrutiny." Id. Because the present case involves matters of economics and business given the business activities Respondents' claim are threatened by the amended regulations, the regulations are subject to rational basis review and not a more exacting scrutiny.
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Here, the Commission has a legitimate interest in protecting its wildlife resources, and as previously discussed, CWD is a serious and fatal threat to the cervids of the state. The fact that the disease can be spread both through animal-to-animal contact as well as indirectly through environmental contamination, regardless of whether the cervids involved are free-ranging or captive, adds to the concern over the disease and devastation it can cause. There is no way to test a living cervid for CWD, and the disease's eighteen-month incubation period means a cervid can be infected and potentially contaminate tbe environment or other animals for a period of time before showing any signs of the disease.
The importation ban, the increased fencing standards and record-keeping and veterinary requirements contained in the challenged regulations are rational means of dealing with the directly and indirectly communicable and fatal threat of CWO. As such, the regulations rationally relate to conceivable, legitimate regulatory goals of protecting the wildlife resources of the state. The importation ban is a rational means of reducing the risk of further spread of CWD into Missouri, especially into hunting preserves where cervid populations are more concentrated. The fencing standards are also a rational means of reducing the risk of any spread of CWD between captive cervids and the free-ranging cervids outside the fences forming the boundaries of captivity. The trial court' s judgment does not specifically address the record-keeping and veterinary requirements in the amended regulations. and Respondents have otherwise failed to establish that they are irrational.
We would find Respondents have failed to show that any of the challenged regulations are "wholly irrational:' We would find they have not met their burden to negate every conceivable basis upon which these regulations may be justified and have, therefore, failed to establish that the challenged regulations violated their constitutional rights.
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Point II would be granted, and we would reverse the judgment of the trial court and find the amended regulations challenged herein to be valid and enforceable. However, we transfer this case to the Missouri Supreme Court under Rule 83.02 because of the general interest and importance of the questions involved. Because we would grant Points I and II, we need not address Point III.
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ROBERT G. DOWD, JR., Presiding Judge
Sherri B. Sullivan, J. and Kurt S. Odenwald, J., concur
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TUESDAY, OCTOBER 03, 2017
MISSOURI MANDATORY CWD SAMPLING IN 25 COUNTIES NOV. 11 AND 12 2017
AG Paxton: Judge Upholds Texas Deer Breeding Rules
Monday, September 25, 2017 – Austin Attorney General Ken Paxton today praised a state district court ruling that upholds rules regulating deer breeders, which the Texas Parks and Wildlife Department (TPWD) implemented to curb the spread of chronic wasting disease (CWD) in white-tailed deer. Two deer breeders who challenged the rules were also ordered to pay the state $425,000 in attorneys’ fees. “TPWD’s lawful rules regulating the movement of breeder deer reduce the probability of CWD being spread from deer-breeding facilities, where it may exist, and increase the chances of detecting and containing CWD if it does exist,” Attorney General Paxton said. “The rules also serve to protect Texas’ 700,000 licensed deer hunters, along with the thousands of people in rural communities across the state whose livelihoods depend on deer hunting.”
CWD is a progressively fatal neurological disorder, similar to mad cow disease, that is transmitted through saliva and blood. If it becomes established in an area, CWD can reduce the population of deer. In June 2015, Texas experienced its first case of CWD in a white-tailed deer at a breeding facility in Medina County. A total of 25 white-tailed deer tested positive for CWD at four deer-breeder facilities at the time the TPWD rules were adopted.
https://www.texasattorneygeneral.gov/news/releases/ag-paxton-judge-upholds-texas-deer-breeding-rules
Cause No. D-I-GN-15-004391
BRADLY PETERSON, Plaintiff,
v.
CARTER SMITH, EXECUTIVE DIRECTOR; CLAYTON WOLF, WILDLIFE DIVISION DIRECTOR; MITCH LOCKWOOD, BIG GAME PROGRAM DIRECTOR; and TEXAS PARKS & WILDLIFE DEPARTMENT, Defendants.
Filed in The District Court of Travis County, Texas ~ SEP 21 2011 At 2:00 P.M. Velva L Price, District Clerk
IN THE DISTRICT COURT OF TRAVIS COUNTY, TEXAS 98th JUDICIAL DISTRICT
ORDER ON DEFENDANT'S PARTIAL PLEAS TO THE JURISDICTION, CROSS-MOTIONS FOR SUMMARY JUDGMENT AND MOTIONS FOR ATTORNEY'S FEES
Before this Court are Texas Parks and Wildlife Department's ("TWPD") Partial Pleas to the Jurisdiction, TWPD's Motion for Summary Judgment, Plaintiff's Motion for Summary Judgment, TWPD's Motion for Attorney's Fees and Plaintiffs Motion In Support of Attorney's Fees. After considering these motions, the responses, replies, authorities, evidence, pleadings, and arguments of counsel, the Court rules as follows:
IT IS ORDERED that TWPD's Partial Plea to the Jurisdiction that the Court lacks jurisdiction over Plaintiffs request for a declaration of deer ownership is GRANTED.
IT IS ORDERED that TWPD's Partial Plea to the Jurisdiction that the Court lacks jurisdiction over the State Officials with respect to Plaintiffs statutory and constitutional challenges to the rules and the constitutional challenges to the statutes is GRANTED.
IT IS ORDERED that TWPD's Partial Plea to the Jurisdiction that the State Officials are immune because their actions were legislative is GRANTED.
IT IS ORDERED that TWPD's Partial Plea to the Jurisdiction relating to the actions of Defendant Wolf and Defendant Lockwood in their individual capacities is GRANTED.
In addition to and as an alternative, if necessary, to the Court's rulings on TPWD's Partial Pleas to the Jurisdiction, the Court ORDERS that TPWD's Motion for Summary Judgment is GRANTED and that Plaintiffs Motion for Summary Judgment is DENIED.
The Court further ORDERS that TPWD's Motion for Attorney's Fees is GRANTED. The Court finds and concludes that TPWD's defenses of Plaintiffs claims are so inextricably intertwined that segregation of Defendant's attorney's fees is not required. Therefore, the Court ORDERS that TPWD recover attorney's fees in the amount of $425,862.50 ($362,967.50 from Plaintiffs Bailey and Peterson jointly and severally, plus $62,895.00 from Plaintiff Peterson, individually).
The Court further ORDERS that Plaintiffs Motion for Attorney's Fees is DENIED.
SIGNED this 21ST day of September, 2017.
Tim Sulak Judge Presiding
see nature of the case here;
SNIP...SEE;
WEDNESDAY, SEPTEMBER 27, 2017
TEXAS, TPWD, WIN CWD COURT CASE AGAINST DEER BREEDERS CAUSE NO. D-1-GN-15-004391
SUNDAY, MAY 14, 2017
85th Legislative Session 2017 AND THE TEXAS TWO STEP Chronic Wasting Disease CWD TSE Prion, and paying to play
For Immediate Release Thursday, October 2, 2014
Dustin Vande Hoef 515/281-3375 or 515/326-1616 (cell) or Dustin.VandeHoef@IowaAgriculture.gov
*** TEST RESULTS FROM CAPTIVE DEER HERD WITH CHRONIC WASTING DISEASE RELEASED 79.8 percent of the deer tested positive for the disease
DES MOINES – The Iowa Department of Agriculture and Land Stewardship today announced that the test results from the depopulation of a quarantined captive deer herd in north-central Iowa showed that 284 of the 356 deer, or 79.8% of the herd, tested positive for Chronic Wasting Disease (CWD).
http://www.iowaagriculture.gov/press/2014press/press10022014.asp
*** see history of this CWD blunder here ;
http://www.iowadnr.gov/Portals/idnr/uploads/Hunting/070313_consent_order.pdf
On June 5, 2013, DNR conducted a fence inspection, after gaining approval from surrounding landowners, and confirmed that the fenced had been cut or removed in at least four separate locations; that the fence had degraded and was failing to maintain the enclosure around the Quarantined Premises in at least one area; that at least three gates had been opened;and that deer tracks were visible in and around one of the open areas in the sand on both sides of the fence, evidencing movement of deer into the Quarantined Premises.
http://www.iowadnr.gov/Portals/idnr/uploads/Hunting/060613_consent_order.pdf
Subject: Iowa DNR issues statement on Iowa Supreme Court Ruling
This is very, very concerning imo.
IF this ruling is upheld as such ;
''The Iowa Supreme Court upheld the district court ruling — saying the law gives the DNR only the authority to quarantine the deer — not the land. The ruling says if the Iowa Legislature wants to expand the quarantine powers as suggested by the DNR, then it is free to do so.''
IF a 'precedent' is set as such, by the Legislature not intervening to expand quarantine powers to the DNR for CWD TSE Prion, and the precedent is set as such that the cervid industry and land there from, once contaminated with the CWD TSE Prion, are free to repopulate, sell the land, etc, imo, this will blow the lid off any containment efforts of this damn disease CWD TSE Prion. The Iowa Supreme Court did not just pass the cwd buck down the road, the Supreme Court of Iowa just threw the whole state of Iowa under the bus at 100 MPH. this makes no sense to me, if this is set in stone and the Legislation does not stop it, and stop if fast, any containment of the cwd tse prion will be futile, imo...terry
*** 2016 -2017 UPDATED SCIENCE ON CHRONIC WASTING DISEASE CWD TSE PRION ***
SATURDAY, JUNE 17, 2017
Iowa DNR issues statement on Iowa Supreme Court Ruling
FRIDAY, JUNE 16, 2017
Iowa Supreme Court rules law allows quarantine of CWD deer, not land
The overall incidence of clinical CWD in white-tailed deer was 82%
Species (cohort) CWD (cases/total) Incidence (%) Age at CWD death (mo)
MONDAY, SEPTEMBER 25, 2017
Colorado Chronic Wasting Disease CWD TSE Prion Mandatory Submission of test samples in some areas and zoonosis
***(see origin of cwd in Colorado debate and evidence there from...tss)
CHRONIC WASTING DISEASE CWD WISCONSIN Almond Deer (Buckhorn Flats) Farm Update DECEMBER 2011
The CWD infection rate was nearly 80%, the highest ever in a North American captive herd.
RECOMMENDATION: That the Board approve the purchase of 80 acres of land for $465,000 for the Statewide Wildlife Habitat Program in Portage County and approve the restrictions on public use of the site.
SUMMARY:
*** Federal indemnity funding became available in 2014. USDA APHIS appraised the captive deer herd of 376 animals at that time, which was before depopulation and testing, at $1,354,250.
*** At that time a herd plan was developed with the owners and officials from USDA and the Iowa Department of Agriculture and Land Stewardship.
*** Once the depopulation was complete and the premises had been cleaned and disinfected, indemnity of $917,100.00 from the USDA has been or will be paid to the owners as compensation for the 356 captive deer depopulated.
SEE A FEW OF WISCONSIN CWD ENTITLEMENT PAYOUTS TO CAPTIVE OWNERS ;
$298,770 + $465,000
Sunday, January 17, 2016
Wisconsin Captive CWD Lotto Pays Out Again indemnity payment of $298,770 for 228 white-tailed deer killed on farm
Wednesday, February 10, 2016
*** Wisconsin Two deer that escaped farm had chronic wasting disease CWD ***
KOREA BANS CANADIAN ELK IMPORTS: According to the Calgary Sun, Korea has moved to ban imports of Canadian deer and elk products (antlers and antler velvet) due to the outbreak of Chronic Wasting Disease (CWD) in Saskatchewan elk herds. Late last year, the Canadian Food Inspection Agency (CFIA) ordered the slaughter of 1,700 domesticated elk at six Saskatchewan farms in attempt to stop the spread of CWD (see CA 0206). The disease has not been detected in any other province. Canada's elk population is estimated at 53,000 head and is raised primarily for antler velvet. Canada is the fourth-largest antler velvet producer in the world, behind New Zealand, China and Russia. Most of Canadian antler velvet is exported to Asia where it is sold for medicinal purposes and as an aphrodisiac.
*** Spreading CWD around, or Trucking CWD or shipping CWD i.e. interstate, INTERNATIONAL movement of CWD by transportation of cervid or cervid materials
Between 1996 and 2002, chronic wasting disease was diagnosed in 39 herds of farmed elk in Saskatchewan in a single epidemic. All of these herds were depopulated as part of the Canadian Food Inspection Agency’s (CFIA) disease eradication program. Animals, primarily over 12 mo of age, were tested for the presence CWD prions following euthanasia. Twenty-one of the herds were linked through movements of live animals with latent CWD from a single infected source herd in Saskatchewan, 17 through movements of animals from 7 of the secondarily infected herds.
***The source herd is believed to have become infected via importation of animals from a game farm in South Dakota where CWD was subsequently diagnosed (7,4). A wide range in herd prevalence of CWD at the time of herd depopulation of these herds was observed. Within-herd transmission was observed on some farms, while the disease remained confined to the introduced animals on other farms.
Friday, May 13, 2011
Chronic Wasting Disease (CWD) outbreaks and surveillance program in the Republic of Korea
Hyun-Joo Sohn, Yoon-Hee Lee, Min-jeong Kim, Eun-Im Yun, Hyo-Jin Kim, Won-Yong Lee, Dong-Seob Tark, In- Soo Cho, Foreign Animal Disease Research Division, National Veterinary Research and Quarantine Service, Republic of Korea
Chronic wasting disease (CWD) has been recognized as an important prion disease in native North America deer and Rocky mountain elks. The disease is a unique member of the transmissible spongiform encephalopathies (TSEs), which naturally affects only a few species. CWD had been limited to USA and Canada until 2000.
On 28 December 2000, information from the Canadian government showed that a total of 95 elk had been exported from farms with CWD to Korea. These consisted of 23 elk in 1994 originating from the so-called “source farm” in Canada, and 72 elk in 1997, which had been held in pre export quarantine at the “source farm”.Based on export information of CWD suspected elk from Canada to Korea, CWD surveillance program was initiated by the Ministry of Agriculture and Forestry (MAF) in 2001.
All elks imported in 1997 were traced back, however elks imported in 1994 were impossible to identify. CWD control measures included stamping out of all animals in the affected farm, and thorough cleaning and disinfection of the premises. In addition, nationwide clinical surveillance of Korean native cervids, and improved measures to ensure reporting of CWD suspect cases were implemented.
Total of 9 elks were found to be affected. CWD was designated as a notifiable disease under the Act for Prevention of Livestock Epidemics in 2002.
Additional CWD cases - 12 elks and 2 elks - were diagnosed in 2004 and 2005.
Since February of 2005, when slaughtered elks were found to be positive, all slaughtered cervid for human consumption at abattoirs were designated as target of the CWD surveillance program. Currently, CWD laboratory testing is only conducted by National Reference Laboratory on CWD, which is the Foreign Animal Disease Division (FADD) of National Veterinary Research and Quarantine Service (NVRQS).
In July 2010, one out of 3 elks from Farm 1 which were slaughtered for the human consumption was confirmed as positive. Consequently, all cervid – 54 elks, 41 Sika deer and 5 Albino deer – were culled and one elk was found to be positive. Epidemiological investigations were conducted by Veterinary Epidemiology Division (VED) of NVRQS in collaboration with provincial veterinary services.
Epidemiologically related farms were found as 3 farms and all cervid at these farms were culled and subjected to CWD diagnosis. Three elks and 5 crossbreeds (Red deer and Sika deer) were confirmed as positive at farm 2.
All cervids at Farm 3 and Farm 4 – 15 elks and 47 elks – were culled and confirmed as negative.
Further epidemiological investigations showed that these CWD outbreaks were linked to the importation of elks from Canada in 1994 based on circumstantial evidences.
In December 2010, one elk was confirmed as positive at Farm 5. Consequently, all cervid – 3 elks, 11 Manchurian Sika deer and 20 Sika deer – were culled and one Manchurian Sika deer and seven Sika deer were found to be positive. This is the first report of CWD in these sub-species of deer. Epidemiological investigations found that the owner of the Farm 2 in CWD outbreaks in July 2010 had co-owned the Farm 5.
In addition, it was newly revealed that one positive elk was introduced from Farm 6 of Jinju-si Gyeongsang Namdo. All cervid – 19 elks, 15 crossbreed (species unknown) and 64 Sika deer – of Farm 6 were culled, but all confirmed as negative.
FRIDAY, OCTOBER 13, 2017
*** Norway, Two More New Cases of Chronic Wasting Disease CWD TSE Prion Skrantesjuke ***
URINE
SUNDAY, JULY 16, 2017
*** Temporal patterns of chronic wasting disease prion excretion in three cervid species ***
TITLE: PATHOLOGICAL FEATURES OF CHRONIC WASTING DISEASE IN REINDEER AND DEMONSTRATION OF HORIZONTAL TRANSMISSION
*** DECEMBER 2016 CDC EMERGING INFECTIOUS DISEASE JOURNAL CWD HORIZONTAL TRANSMISSION
*** INFECTIOUS AGENT OF SHEEP SCRAPIE MAY PERSIST IN THE ENVIRONMENT FOR AT LEAST 16 YEARS ***
GUDMUNDUR GEORGSSON1, SIGURDUR SIGURDARSON2 AND PAUL BROWN3
the tse prion aka mad cow type disease is not your normal pathogen.
The TSE prion disease survives ashing to 600 degrees celsius, that’s around 1112 degrees farenheit.
you cannot cook the TSE prion disease out of meat.
you can take the ash and mix it with saline and inject that ash into a mouse, and the mouse will go down with TSE.
Prion Infected Meat-and-Bone Meal Is Still Infectious after Biodiesel Production as well.
the TSE prion agent also survives Simulated Wastewater Treatment Processes.
IN fact, you should also know that the TSE Prion agent will survive in the environment for years, if not decades.
you can bury it and it will not go away.
The TSE agent is capable of infected your water table i.e. Detection of protease-resistant cervid prion protein in water from a CWD-endemic area.
it’s not your ordinary pathogen you can just cook it out and be done with.
that’s what’s so worrisome about Iatrogenic mode of transmission, a simple autoclave will not kill this TSE prion agent.
1: J Neurol Neurosurg Psychiatry 1994 Jun;57(6):757-8
Transmission of Creutzfeldt-Jakob disease to a chimpanzee by electrodes contaminated during neurosurgery.
Gibbs CJ Jr, Asher DM, Kobrine A, Amyx HL, Sulima MP, Gajdusek DC.
Laboratory of Central Nervous System Studies, National Institute of
Neurological Disorders and Stroke, National Institutes of Health,
Bethesda, MD 20892.
Stereotactic multicontact electrodes used to probe the cerebral cortex of a middle aged woman with progressive dementia were previously implicated in the accidental transmission of Creutzfeldt-Jakob disease (CJD) to two younger patients. The diagnoses of CJD have been confirmed for all three cases. More than two years after their last use in humans, after three cleanings and repeated sterilisation in ethanol and formaldehyde vapour, the electrodes were implanted in the cortex of a chimpanzee. Eighteen months later the animal became ill with CJD. This finding serves to re-emphasise the potential danger posed by reuse of instruments contaminated with the agents of spongiform encephalopathies, even after scrupulous attempts to clean them.
PMID: 8006664 [PubMed - indexed for MEDLINE]
New studies on the heat resistance of hamster-adapted scrapie agent: Threshold survival after ashing at 600°C suggests an inorganic template of replication
Prion Infected Meat-and-Bone Meal Is Still Infectious after Biodiesel Production
Detection of protease-resistant cervid prion protein in water from a CWD-endemic area
A Quantitative Assessment of the Amount of Prion Diverted to Category 1 Materials and Wastewater During Processing
Rapid assessment of bovine spongiform encephalopathy prion inactivation by heat treatment in yellow grease produced in the industrial manufacturing process of meat and bone meals
PPo4-4:
Survival and Limited Spread of TSE Infectivity after Burial
Using in vitro prion replication for high sensitive detection of prions and prionlike proteins and for understanding mechanisms of transmission.
Claudio Soto Mitchell Center for Alzheimer's diseases and related Brain disorders, Department of Neurology, University of Texas Medical School at Houston.
***Recently, we have been using PMCA to study the role of environmental prion contamination on the horizontal spreading of TSEs. These experiments have focused on the study of the interaction of prions with plants and environmentally relevant surfaces. Our results show that plants (both leaves and roots) bind tightly to prions present in brain extracts and excreta (urine and feces) and retain even small quantities of PrPSc for long periods of time. Strikingly, ingestion of prioncontaminated leaves and roots produced disease with a 100% attack rate and an incubation period not substantially longer than feeding animals directly with scrapie brain homogenate. Furthermore, plants can uptake prions from contaminated soil and transport them to different parts of the plant tissue (stem and leaves). Similarly, prions bind tightly to a variety of environmentally relevant surfaces, including stones, wood, metals, plastic, glass, cement, etc. Prion contaminated surfaces efficiently transmit prion disease when these materials were directly injected into the brain of animals and strikingly when the contaminated surfaces were just placed in the animal cage. These findings demonstrate that environmental materials can efficiently bind infectious prions and act as carriers of infectivity, suggesting that they may play an important role in the horizontal transmission of the disease.
========================
Since its invention 13 years ago, PMCA has helped to answer fundamental questions of prion propagation and has broad applications in research areas including the food industry, blood bank safety and human and veterinary disease diagnosis.
In conclusion, the results in the current study indicate that removal of furniture that had been in contact with scrapie-infected animals should be recommended, particularly since cleaning and decontamination may not effectively remove scrapie infectivity (31), even though infectivity declines considerably if the pasture and the field furniture have not been in contact with scrapie-infected sheep for several months. As sPMCA failed to detect PrPSc in furniture that was subjected to weathering, even though exposure led to infection in sheep, this method may not always be reliable in predicting the risk of scrapie infection through environmental contamination. These results suggest that the VRQ/VRQ sheep model may be more sensitive than sPMCA for the detection of environmentally associated scrapie, and suggest that extremely low levels of scrapie contamination are able to cause infection in susceptible sheep genotypes.
Keywords: classical scrapie, prion, transmissible spongiform encephalopathy, sheep, field furniture, reservoir, serial protein misfolding cyclic amplification
Wednesday, December 16, 2015
*** Objects in contact with classical scrapie sheep act as a reservoir for scrapie transmission ***
*** Infectious agent of sheep scrapie may persist in the environment for at least 16 years ***
Gudmundur Georgsson1, Sigurdur Sigurdarson2 and Paul Brown3
with CWD TSE Prions, I am not sure there is any absolute yet, other than what we know with transmission studies, and we know tse prion kill, and tse prion are bad. science shows to date, that indeed soil, dirt, some better than others, can act as a carrier. same with objects, farm furniture. take it with how ever many grains of salt you wish, or not. if load factor plays a role in the end formula, then everything should be on the table, in my opinion...tss
Oral Transmissibility of Prion Disease Is Enhanced by Binding to Soil Particles
Author Summary
Transmissible spongiform encephalopathies (TSEs) are a group of incurable neurological diseases likely caused by a misfolded form of the prion protein. TSEs include scrapie in sheep, bovine spongiform encephalopathy (‘‘mad cow’’ disease) in cattle, chronic wasting disease in deer and elk, and Creutzfeldt-Jakob disease in humans. Scrapie and chronic wasting disease are unique among TSEs because they can be transmitted between animals, and the disease agents appear to persist in environments previously inhabited by infected animals. Soil has been hypothesized to act as a reservoir of infectivity and to bind the infectious agent. In the current study, we orally dosed experimental animals with a common clay mineral, montmorillonite, or whole soils laden with infectious prions, and compared the transmissibility to unbound agent. We found that prions bound to montmorillonite and whole soils remained orally infectious, and, in most cases, increased the oral transmission of disease compared to the unbound agent. The results presented in this study suggest that soil may contribute to environmental spread of TSEs by increasing the transmissibility of small amounts of infectious agent in the environment.
tse prion soil
Wednesday, December 16, 2015
Objects in contact with classical scrapie sheep act as a reservoir for scrapie transmission
The sources of dust borne prions are unknown but it seems reasonable to assume that faecal, urine, skin, parturient material and saliva-derived prions may contribute to this mobile environmental reservoir of infectivity. This work highlights a possible transmission route for scrapie within the farm environment, and this is likely to be paralleled in CWD which shows strong similarities with scrapie in terms of prion dissemination and disease transmission. The data indicate that the presence of scrapie prions in dust is likely to make the control of these diseases a considerable challenge.
>>>Particle-associated PrPTSE molecules may migrate from locations of deposition via transport processes affecting soil particles, including entrainment in and movement with air and overland flow. <<<
Fate of Prions in Soil: A Review
Christen B. Smith, Clarissa J. Booth, and Joel A. Pedersen*
Several reports have shown that prions can persist in soil for several years. Significant interest remains in developing methods that could be applied to degrade PrPTSE in naturally contaminated soils. Preliminary research suggests that serine proteases and the microbial consortia in stimulated soils and compost may partially degrade PrPTSE. Transition metal oxides in soil (viz. manganese oxide) may also mediate prion inactivation. Overall, the effect of prion attachment to soil particles on its persistence in the environment is not well understood, and additional study is needed to determine its implications on the environmental transmission of scrapie and CWD.
P.161: Prion soil binding may explain efficient horizontal CWD transmission
Conclusion. Silty clay loam exhibits highly efficient prion binding, inferring a durable environmental reservoir, and an efficient mechanism for indirect horizontal CWD transmission.
>>>Another alternative would be an absolute prohibition on the movement of deer within the state for any purpose. While this alternative would significantly reduce the potential spread of CWD, it would also have the simultaneous effect of preventing landowners and land managers from implementing popular management strategies involving the movement of deer, and would deprive deer breeders of the ability to engage in the business of buying and selling breeder deer. Therefore, this alternative was rejected because the department determined that it placed an avoidable burden on the regulated community.<<<
Wednesday, December 16, 2015
Objects in contact with classical scrapie sheep act as a reservoir for scrapie transmission
Timm Konold1*, Stephen A. C. Hawkins2, Lisa C. Thurston3, Ben C. Maddison4, Kevin C. Gough5, Anthony Duarte1 and Hugh A. Simmons1
1 Animal Sciences Unit, Animal and Plant Health Agency Weybridge, Addlestone, UK, 2 Pathology Department, Animal and Plant Health Agency Weybridge, Addlestone, UK, 3 Surveillance and Laboratory Services, Animal and Plant Health Agency Penrith, Penrith, UK, 4 ADAS UK, School of Veterinary Medicine and Science, University of Nottingham, Sutton Bonington, UK, 5 School of Veterinary Medicine and Science, University of Nottingham, Sutton Bonington, UK
Classical scrapie is an environmentally transmissible prion disease of sheep and goats. Prions can persist and remain potentially infectious in the environment for many years and thus pose a risk of infecting animals after re-stocking. In vitro studies using serial protein misfolding cyclic amplification (sPMCA) have suggested that objects on a scrapie affected sheep farm could contribute to disease transmission. This in vivo study aimed to determine the role of field furniture (water troughs, feeding troughs, fencing, and other objects that sheep may rub against) used by a scrapie-infected sheep flock as a vector for disease transmission to scrapie-free lambs with the prion protein genotype VRQ/VRQ, which is associated with high susceptibility to classical scrapie. When the field furniture was placed in clean accommodation, sheep became infected when exposed to either a water trough (four out of five) or to objects used for rubbing (four out of seven). This field furniture had been used by the scrapie-infected flock 8 weeks earlier and had previously been shown to harbor scrapie prions by sPMCA. Sheep also became infected (20 out of 23) through exposure to contaminated field furniture placed within pasture not used by scrapie-infected sheep for 40 months, even though swabs from this furniture tested negative by PMCA. This infection rate decreased (1 out of 12) on the same paddock after replacement with clean field furniture. Twelve grazing sheep exposed to field furniture not in contact with scrapie-infected sheep for 18 months remained scrapie free. The findings of this study highlight the role of field furniture used by scrapie-infected sheep to act as a reservoir for disease re-introduction although infectivity declines considerably if the field furniture has not been in contact with scrapie-infected sheep for several months. PMCA may not be as sensitive as VRQ/VRQ sheep to test for environmental contamination.
snip...
Discussion
Classical scrapie is an environmentally transmissible disease because it has been reported in naïve, supposedly previously unexposed sheep placed in pastures formerly occupied by scrapie-infected sheep (4, 19, 20). Although the vector for disease transmission is not known, soil is likely to be an important reservoir for prions (2) where – based on studies in rodents – prions can adhere to minerals as a biologically active form (21) and remain infectious for more than 2 years (22). Similarly, chronic wasting disease (CWD) has re-occurred in mule deer housed in paddocks used by infected deer 2 years earlier, which was assumed to be through foraging and soil consumption (23).
Our study suggested that the risk of acquiring scrapie infection was greater through exposure to contaminated wooden, plastic, and metal surfaces via water or food troughs, fencing, and hurdles than through grazing. Drinking from a water trough used by the scrapie flock was sufficient to cause infection in sheep in a clean building. Exposure to fences and other objects used for rubbing also led to infection, which supported the hypothesis that skin may be a vector for disease transmission (9). The risk of these objects to cause infection was further demonstrated when 87% of 23 sheep presented with PrPSc in lymphoid tissue after grazing on one of the paddocks, which contained metal hurdles, a metal lamb creep and a water trough in contact with the scrapie flock up to 8 weeks earlier, whereas no infection had been demonstrated previously in sheep grazing on this paddock, when equipped with new fencing and field furniture. When the contaminated furniture and fencing were removed, the infection rate dropped significantly to 8% of 12 sheep, with soil of the paddock as the most likely source of infection caused by shedding of prions from the scrapie-infected sheep in this paddock up to a week earlier.
This study also indicated that the level of contamination of field furniture sufficient to cause infection was dependent on two factors: stage of incubation period and time of last use by scrapie-infected sheep. Drinking from a water trough that had been used by scrapie sheep in the predominantly pre-clinical phase did not appear to cause infection, whereas infection was shown in sheep drinking from the water trough used by scrapie sheep in the later stage of the disease. It is possible that contamination occurred through shedding of prions in saliva, which may have contaminated the surface of the water trough and subsequently the water when it was refilled. Contamination appeared to be sufficient to cause infection only if the trough was in contact with sheep that included clinical cases. Indeed, there is an increased risk of bodily fluid infectivity with disease progression in scrapie (24) and CWD (25) based on PrPSc detection by sPMCA. Although ultraviolet light and heat under natural conditions do not inactivate prions (26), furniture in contact with the scrapie flock, which was assumed to be sufficiently contaminated to cause infection, did not act as vector for disease if not used for 18 months, which suggest that the weathering process alone was sufficient to inactivate prions.
PrPSc detection by sPMCA is increasingly used as a surrogate for infectivity measurements by bioassay in sheep or mice. In this reported study, however, the levels of PrPSc present in the environment were below the limit of detection of the sPMCA method, yet were still sufficient to cause infection of in-contact animals. In the present study, the outdoor objects were removed from the infected flock 8 weeks prior to sampling and were positive by sPMCA at very low levels (2 out of 37 reactions). As this sPMCA assay also yielded 2 positive reactions out of 139 in samples from the scrapie-free farm, the sPMCA assay could not detect PrPSc on any of the objects above the background of the assay. False positive reactions with sPMCA at a low frequency associated with de novo formation of infectious prions have been reported (27, 28). This is in contrast to our previous study where we demonstrated that outdoor objects that had been in contact with the scrapie-infected flock up to 20 days prior to sampling harbored PrPSc that was detectable by sPMCA analysis [4 out of 15 reactions (12)] and was significantly more positive by the assay compared to analogous samples from the scrapie-free farm. This discrepancy could be due to the use of a different sPMCA substrate between the studies that may alter the efficiency of amplification of the environmental PrPSc. In addition, the present study had a longer timeframe between the objects being in contact with the infected flock and sampling, which may affect the levels of extractable PrPSc. Alternatively, there may be potentially patchy contamination of this furniture with PrPSc, which may have been missed by swabbing. The failure of sPMCA to detect CWD-associated PrP in saliva from clinically affected deer despite confirmation of infectivity in saliva-inoculated transgenic mice was associated with as yet unidentified inhibitors in saliva (29), and it is possible that the sensitivity of sPMCA is affected by other substances in the tested material. In addition, sampling of amplifiable PrPSc and subsequent detection by sPMCA may be more difficult from furniture exposed to weather, which is supported by the observation that PrPSc was detected by sPMCA more frequently in indoor than outdoor furniture (12). A recent experimental study has demonstrated that repeated cycles of drying and wetting of prion-contaminated soil, equivalent to what is expected under natural weathering conditions, could reduce PMCA amplification efficiency and extend the incubation period in hamsters inoculated with soil samples (30). This seems to apply also to this study even though the reduction in infectivity was more dramatic in the sPMCA assays than in the sheep model. Sheep were not kept until clinical end-point, which would have enabled us to compare incubation periods, but the lack of infection in sheep exposed to furniture that had not been in contact with scrapie sheep for a longer time period supports the hypothesis that prion degradation and subsequent loss of infectivity occurs even under natural conditions.
In conclusion, the results in the current study indicate that removal of furniture that had been in contact with scrapie-infected animals should be recommended, particularly since cleaning and decontamination may not effectively remove scrapie infectivity (31), even though infectivity declines considerably if the pasture and the field furniture have not been in contact with scrapie-infected sheep for several months. As sPMCA failed to detect PrPSc in furniture that was subjected to weathering, even though exposure led to infection in sheep, this method may not always be reliable in predicting the risk of scrapie infection through environmental contamination. These results suggest that the VRQ/VRQ sheep model may be more sensitive than sPMCA for the detection of environmentally associated scrapie, and suggest that extremely low levels of scrapie contamination are able to cause infection in susceptible sheep genotypes.
Keywords: classical scrapie, prion, transmissible spongiform encephalopathy, sheep, field furniture, reservoir, serial protein misfolding cyclic amplification
Wednesday, December 16, 2015
*** Objects in contact with classical scrapie sheep act as a reservoir for scrapie transmission ***
*** Infectious agent of sheep scrapie may persist in the environment for at least 16 years ***
Gudmundur Georgsson1, Sigurdur Sigurdarson2 and Paul Brown3
MONDAY, JUNE 12, 2017
Rethinking Major grain organizations opposition to CFIA's control zone approach to Chronic Wasting CWD TSE Prion Mad Deer Type Disease 2017?
WEDNESDAY, MAY 17, 2017
*** Chronic Wasting Disease CWD TSE Prion aka Mad Deer Disease and the Real Estate Market Land Values ***
CWD ZOONOSIS
2017
Subject: ***CDC Now Recommends Strongly consider having the deer or elk tested for CWD before you eat the meat
CDC Now Recommends Strongly consider having the deer or elk tested for CWD before you eat the meat
Chronic Wasting Disease (CWD)
Prevention
If CWD could spread to people, it would most likely be through eating of infected deer and elk. In a 2006-2007 CDC survey of U.S. residents, nearly 20 percent of those surveyed said they had hunted deer or elk and more than two-thirds said they had eaten venison or elk meat. However, to date, no CWD infections have been reported in people.
Hunters must consider many factors when determining whether to eat meat from deer and elk harvested from areas with CWD, including the level of risk they are willing to accept. Hunters harvesting wild deer and elk from areas with reported CWD should check state wildlife and public health guidance to see whether testing of animals is recommended or required in a given state or region. In areas where CWD is known to be present, CDC recommends that hunters strongly consider having those animals tested before eating the meat.
Tests for CWD are monitoring tools that some state wildlife officials use to look at the rates of CWD in certain animal populations. Testing may not be available in every state, and states may use these tests in different ways. A negative test result does not guarantee that an individual animal is not infected with CWD, but it does make it considerably less likely and may reduce your risk of exposure to CWD.
To be as safe as possible and decrease their potential risk of exposure to CWD, hunters should take the following steps when hunting in areas with CWD:
Do not shoot, handle or eat meat from deer and elk that look sick or are acting strangely or are found dead (road-kill). When field-dressing a deer: Wear latex or rubber gloves when dressing the animal or handling the meat. Minimize how much you handle the organs of the animal, particularly the brain or spinal cord tissues. Do not use household knives or other kitchen utensils for field dressing. Check state wildlife and public health guidance to see whether testing of animals is recommended or required. Recommendations vary by state, but information about testing is available from many state wildlife agencies. Strongly consider having the deer or elk tested for CWD before you eat the meat. If you have your deer or elk commercially processed, consider asking that your animal be processed individually to avoid mixing meat from multiple animals. If your animal tests positive for CWD, do not eat meat from that animal. The U.S. Department of Agriculture’s Animal and Plant Health Inspection Service regulates commercially farmed deer and elk. The agency operates a national CWD herd certification program. As part of the voluntary program, states and individual herd owners agree to meet requirements meant to decrease the risk of CWD in their herds. Privately owned herds that do not participate in the herd certification program may be at increased risk for CWD.
Page last reviewed: August 17, 2017 Page last updated: August 17, 2017 Content source: Centers for Disease Control and Prevention National Center for Emerging and Zoonotic Infectious Diseases (NCEZID) Division of High-Consequence Pathogens and Pathology (DHCPP)
> However, to date, no CWD infections have been reported in people.
key word here is 'reported'. science has shown that CWD in humans will look like sporadic CJD. SO, how can one assume that CWD has not already transmitted to humans? they can't, and it's as simple as that. from all recorded science to date, CWD has already transmitted to humans, and it's being misdiagnosed as sporadic CJD. ...terry
LOOKING FOR CWD IN HUMANS AS nvCJD or as an ATYPICAL CJD, LOOKING IN ALL THE WRONG PLACES $$$
*** These results would seem to suggest that CWD does indeed have zoonotic potential, at least as judged by the compatibility of CWD prions and their human PrPC target. Furthermore, extrapolation from this simple in vitro assay suggests that if zoonotic CWD occurred, it would most likely effect those of the PRNP codon 129-MM genotype and that the PrPres type would be similar to that found in the most common subtype of sCJD (MM1).***
Molecular Barriers to Zoonotic Transmission of Prions
*** chronic wasting disease, there was no absolute barrier to conversion of the human prion protein.
*** Furthermore, the form of human PrPres produced in this in vitro assay when seeded with CWD, resembles that found in the most common human prion disease, namely sCJD of the MM1 subtype.
TUESDAY, SEPTEMBER 12, 2017
CDC Now Recommends Strongly consider having the deer or elk tested for CWD before you eat the meat
Prion 2017 Conference Abstracts CWD
2017 PRION CONFERENCE
First evidence of intracranial and peroral transmission of Chronic Wasting Disease (CWD) into Cynomolgus macaques: a work in progress
Stefanie Czub1, Walter Schulz-Schaeffer2, Christiane Stahl-Hennig3, Michael Beekes4, Hermann Schaetzl5 and Dirk Motzkus6 1
University of Calgary Faculty of Veterinary Medicine/Canadian Food Inspection Agency; 2Universitatsklinikum des Saarlandes und Medizinische Fakultat der Universitat des Saarlandes; 3 Deutsches Primaten Zentrum/Goettingen; 4 Robert-Koch-Institut Berlin; 5 University of Calgary Faculty of Veterinary Medicine; 6 presently: Boehringer Ingelheim Veterinary Research Center; previously: Deutsches Primaten Zentrum/Goettingen
This is a progress report of a project which started in 2009. 21 cynomolgus macaques were challenged with characterized CWD material from white-tailed deer (WTD) or elk by intracerebral (ic), oral, and skin exposure routes. Additional blood transfusion experiments are supposed to assess the CWD contamination risk of human blood product. Challenge materials originated from symptomatic cervids for ic, skin scarification and partially per oral routes (WTD brain). Challenge material for feeding of muscle derived from preclinical WTD and from preclinical macaques for blood transfusion experiments. We have confirmed that the CWD challenge material contained at least two different CWD agents (brain material) as well as CWD prions in muscle-associated nerves.
Here we present first data on a group of animals either challenged ic with steel wires or per orally and sacrificed with incubation times ranging from 4.5 to 6.9 years at postmortem. Three animals displayed signs of mild clinical disease, including anxiety, apathy, ataxia and/or tremor. In four animals wasting was observed, two of those had confirmed diabetes. All animals have variable signs of prion neuropathology in spinal cords and brains and by supersensitive IHC, reaction was detected in spinal cord segments of all animals. Protein misfolding cyclic amplification (PMCA), real-time quaking-induced conversion (RT-QuiC) and PET-blot assays to further substantiate these findings are on the way, as well as bioassays in bank voles and transgenic mice.
At present, a total of 10 animals are sacrificed and read-outs are ongoing. Preclinical incubation of the remaining macaques covers a range from 6.4 to 7.10 years. Based on the species barrier and an incubation time of > 5 years for BSE in macaques and about 10 years for scrapie in macaques, we expected an onset of clinical disease beyond 6 years post inoculation.
PRION 2017 DECIPHERING NEURODEGENERATIVE DISORDERS
Subject: PRION 2017 CONFERENCE DECIPHERING NEURODEGENERATIVE DISORDERS VIDEO
PRION 2017 CONFERENCE DECIPHERING NEURODEGENERATIVE DISORDERS
*** PRION 2017 CONFERENCE VIDEO
TUESDAY, JUNE 13, 2017
PRION 2017 CONFERENCE ABSTRACT
First evidence of intracranial and peroral transmission of Chronic Wasting Disease (CWD) into Cynomolgus macaques: a work in progress
TUESDAY, JULY 04, 2017
*** PRION 2017 CONFERENCE ABSTRACTS ON CHRONIC WASTING DISEASE CWD TSE PRION ***
TUESDAY, JUNE 13, 2017
PRION 2017 CONFERENCE ABSTRACT Chronic Wasting Disease in European moose is associated with PrPSc features different from North American CWD
Wednesday, May 24, 2017
PRION2017 CONFERENCE VIDEO UPDATE 23 – 26 May 2017 Edinburgh UPDATE 1
SATURDAY, JULY 29, 2017
Risk Advisory Opinion: Potential Human Health Risks from Chronic Wasting Disease CFIA, PHAC, HC (HPFB and FNIHB), INAC, Parks Canada, ECCC and AAFC
Prion Infectivity in Fat of Deer with Chronic Wasting Disease▿
Brent Race#, Kimberly Meade-White#, Richard Race and Bruce Chesebro* + Author Affiliations
Rocky Mountain Laboratories, 903 South 4th Street, Hamilton, Montana 59840 Next Section ABSTRACT
Chronic wasting disease (CWD) is a neurodegenerative prion disease of cervids. Some animal prion diseases, such as bovine spongiform encephalopathy, can infect humans; however, human susceptibility to CWD is unknown. In ruminants, prion infectivity is found in central nervous system and lymphoid tissues, with smaller amounts in intestine and muscle. In mice, prion infectivity was recently detected in fat. Since ruminant fat is consumed by humans and fed to animals, we determined infectivity titers in fat from two CWD-infected deer. Deer fat devoid of muscle contained low levels of CWD infectivity and might be a risk factor for prion infection of other species.
Prions in Skeletal Muscles of Deer with Chronic Wasting Disease
Rachel C. Angers1,*, Shawn R. Browning1,*,†, Tanya S. Seward2, Christina J. Sigurdson4,‡, Michael W. Miller5, Edward A. Hoover4, Glenn C. Telling1,2,3,§ ↵* These authors contributed equally to this work. ↵† Present address: Department of Infectology, Scripps Research Institute, 5353 Parkside Drive, RF-2, Jupiter, FL 33458, USA. ↵‡ Present address: Institute of Neuropathology, University of Zurich, Schmelzbergstrasse 12, 8091 Zurich, Switzerland. + See all authors and affiliations Science 24 Feb 2006: Vol. 311, Issue 5764, pp. 1117 DOI: 10.1126/science.1122864 Article Figures & Data Info & Metrics eLetters PDF You are currently viewing the abstract.
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Abstract
The emergence of chronic wasting disease (CWD) in deer and elk in an increasingly wide geographic area, as well as the interspecies transmission of bovine spongiform encephalopathy to humans in the form of variant Creutzfeldt Jakob disease, have raised concerns about the zoonotic potential of CWD. Because meat consumption is the most likely means of exposure, it is important to determine whether skeletal muscle of diseased cervids contains prion infectivity. Here bioassays in transgenic mice expressing cervid prion protein revealed the presence of infectious prions in skeletal muscles of CWD-infected deer, demonstrating that humans consuming or handling meat from CWD-infected deer are at risk to prion exposure.
Scrapie/reindeer investigation
10 Apr 1996 ProMed Tom Warren Univ. of Oslo 0316 Oslo Norway Tel. 472 285 4794 Telefax 472 285 4605
[Guess what -- inconvenient native people depende on reindeer. Note transmission of CWD to goats above -- webmaster]
'We have been investigating problems related to sheep grazing on alpine ranges which are used by wild reindeer. So far, the main problem seems to be between sheep owners and reindeer hunters, rather than between the animals themselves. It is important to mention that sheep/livestock grazing is in no way new in the area and summer grazing is abundant; winter habitat is the bottleneck for the reindeer. Private and public concern over the possible negative effects of sheep and sheep grazing on wild reindeer is not new; there has been competition for access to grazing resources/hunting for years. Since it is difficult on this particular range to argue that sheep "out-graze" reindeer, other possibilities such as disease/parasite transmission (from sheep to reindeer) have been advanced. When reports of scrapie among flocks of sheep which graze sympatrically with reindeer surfaced in 1994, concern for the reindeer was again voiced.
Last year, after a short review of existing literature, we concluded that there "seemed to be" a sufficient species barrier between sheep and reindeer, such that contraction of chronic wasting disease by the latter was unlikely. Inter-species transmission of prion diseases is apparently possible only through ingestion of infected tissue, especially brain/nerve tissue, which would not (likely) occur on the open range. This seems to be the concenses among reseachers working on CWD in the US. There is apparently no corelation between the occurence of CWD and sheep grazing. (Based on work in Colorado and Wyoming)
We found scrapie and the other prion disease so interesting that we wrote a popular account/description of scrapie and prions for the Norwegian Sheep and Goat Association's magazine. This article, written in Norwegian, appeared in February before the latest events in England. Since then, we have been inundated, locally, by requests for more information.
We still maintain that in an open range situation the chances of reindeer contracting CWD due to scrapie-infected sheep are, at best, remote. (Once scrapie is diagnosed, the flock is destroyed and no longer grazes on the open range. Uncertainty arises due to the long incubation times associated with prion diseases.) Our interest was, and remains, in the range management/ecolgy aspects of livestock/reindeer interactions; we are neither pathologists or veterinarians. We are currently following the debate here in Europe on BSE/CJD with great interest, however. Various theories circulate from week to week. Of greatest interest to us (and many others) is the question of the species barrier, and its role/function in extensive grazing situations.'
*** Spraker suggested an interesting explanation for the occurrence of CWD. The deer pens at the Foot Hills Campus were built some 30-40 years ago by a Dr. Bob Davis. At or abut that time, allegedly, some scrapie work was conducted at this site. When deer were introduced to the pens they occupied ground that had previously been occupied by sheep.
*** After a natural route of exposure, 100% of WTD were susceptible to scrapie.
PO-039: A comparison of scrapie and chronic wasting disease in white-tailed deer
Justin Greenlee, Jodi Smith, Eric Nicholson US Dept. Agriculture; Agricultural Research Service, National Animal Disease Center; Ames, IA USA
White-tailed deer are susceptible to the agent of sheep scrapie by intracerebral inoculation
snip...
It is unlikely that CWD will be eradicated from free-ranging cervids, and the disease is likely to continue to spread geographically [10]. However, the potential that white-tailed deer may be susceptible to sheep scrapie by a natural route presents an additional confounding factor to halting the spread of CWD. This leads to the additional speculations that
1) infected deer could serve as a reservoir to infect sheep with scrapie offering challenges to scrapie eradication efforts and
2) CWD spread need not remain geographically confined to current endemic areas, but could occur anywhere that sheep with scrapie and susceptible cervids cohabitate.
This work demonstrates for the first time that white-tailed deer are susceptible to sheep scrapie by intracerebral inoculation with a high attack rate and that the disease that results has similarities to CWD. These experiments will be repeated with a more natural route of inoculation to determine the likelihood of the potential transmission of sheep scrapie to white-tailed deer. If scrapie were to occur in white-tailed deer, results of this study indicate that it would be detected as a TSE, but may be difficult to differentiate from CWD without in-depth biochemical analysis.
2012
PO-039: A comparison of scrapie and chronic wasting disease in white-tailed deer
Justin Greenlee, Jodi Smith, Eric Nicholson US Dept. Agriculture; Agricultural Research Service, National Animal Disease Center; Ames, IA USA
snip...
The results of this study suggest that there are many similarities in the manifestation of CWD and scrapie in WTD after IC inoculation including early and widespread presence of PrPSc in lymphoid tissues, clinical signs of depression and weight loss progressing to wasting, and an incubation time of 21-23 months. Moreover, western blots (WB) done on brain material from the obex region have a molecular profile similar to CWD and distinct from tissues of the cerebrum or the scrapie inoculum. However, results of microscopic and IHC examination indicate that there are differences between the lesions expected in CWD and those that occur in deer with scrapie: amyloid plaques were not noted in any sections of brain examined from these deer and the pattern of immunoreactivity by IHC was diffuse rather than plaque-like.
*** After a natural route of exposure, 100% of WTD were susceptible to scrapie.
Deer developed clinical signs of wasting and mental depression and were necropsied from 28 to 33 months PI. Tissues from these deer were positive for PrPSc by IHC and WB. Similar to IC inoculated deer, samples from these deer exhibited two different molecular profiles: samples from obex resembled CWD whereas those from cerebrum were similar to the original scrapie inoculum. On further examination by WB using a panel of antibodies, the tissues from deer with scrapie exhibit properties differing from tissues either from sheep with scrapie or WTD with CWD. Samples from WTD with CWD or sheep with scrapie are strongly immunoreactive when probed with mAb P4, however, samples from WTD with scrapie are only weakly immunoreactive. In contrast, when probed with mAb’s 6H4 or SAF 84, samples from sheep with scrapie and WTD with CWD are weakly immunoreactive and samples from WTD with scrapie are strongly positive. This work demonstrates that WTD are highly susceptible to sheep scrapie, but on first passage, scrapie in WTD is differentiable from CWD.
2011
*** After a natural route of exposure, 100% of white-tailed deer were susceptible to scrapie.
TUESDAY, MARCH 28, 2017
*** Passage of scrapie to deer results in a new phenotype upon return passage to sheep ***
CWD TO PIGS
Research Project: TRANSMISSION, DIFFERENTIATION, AND PATHOBIOLOGY OF TRANSMISSIBLE SPONGIFORM ENCEPHALOPATHIES
Location: Virus and Prion Research
Title: Disease-associated prion protein detected in lymphoid tissues from pigs challenged with the agent of chronic wasting disease
Author item Moore, Sarah item Kunkle, Robert item Kondru, Naveen item Manne, Sireesha item Smith, Jodi item Kanthasamy, Anumantha item West Greenlee, M item Greenlee, Justin
Submitted to: Prion Publication Type: Abstract Only Publication Acceptance Date: 3/15/2017 Publication Date: N/A Citation: N/A Interpretive Summary:
Technical Abstract: Aims: Chronic wasting disease (CWD) is a naturally-occurring, fatal neurodegenerative disease of cervids. We previously demonstrated that disease-associated prion protein (PrPSc) can be detected in the brain and retina from pigs challenged intracranially or orally with the CWD agent. In that study, neurological signs consistent with prion disease were observed only in one pig: an intracranially challenged pig that was euthanized at 64 months post-challenge. The purpose of this study was to use an antigen-capture immunoassay (EIA) and real-time quaking-induced conversion (QuIC) to determine whether PrPSc is present in lymphoid tissues from pigs challenged with the CWD agent.
Methods: At two months of age, crossbred pigs were challenged by the intracranial route (n=20), oral route (n=19), or were left unchallenged (n=9). At approximately 6 months of age, the time at which commercial pigs reach market weight, half of the pigs in each group were culled (<6 challenge="" groups="" month="" pigs="" remaining="" the="">6 month challenge groups) were allowed to incubate for up to 73 months post challenge (mpc). The retropharyngeal lymph node (RPLN) was screened for the presence of PrPSc by EIA and immunohistochemistry (IHC). The RPLN, palatine tonsil, and mesenteric lymph node (MLN) from 6-7 pigs per challenge group were also tested using EIA and QuIC.
Results: PrPSc was not detected by EIA and IHC in any RPLNs. All tonsils and MLNs were negative by IHC, though the MLN from one pig in the oral <6 5="" 6="" at="" by="" detected="" eia.="" examined="" group="" in="" intracranial="" least="" lymphoid="" month="" months="" of="" one="" pigs="" positive="" prpsc="" quic="" the="" tissues="" was="">6 months group, 5/6 pigs in the oral <6 4="" and="" group="" months="" oral="">6 months group. Overall, the MLN was positive in 14/19 (74%) of samples examined, the RPLN in 8/18 (44%), and the tonsil in 10/25 (40%). Conclusions:
This study demonstrates that PrPSc accumulates in lymphoid tissues from pigs challenged intracranially or orally with the CWD agent, and can be detected as early as 4 months after challenge.
CWD-infected pigs rarely develop clinical disease and if they do, they do so after a long incubation period. This raises the possibility that CWD-infected pigs could shed prions into their environment long before they develop clinical disease.
Furthermore, lymphoid tissues from CWD-infected pigs could present a potential source of CWD infectivity in the animal and human food chains.
CONFIDENTIAL
EXPERIMENTAL PORCINE SPONGIFORM ENCEPHALOPATHY
While this clearly is a cause for concern we should not jump to the conclusion that this means that pigs will necessarily be infected by bone and meat meal fed by the oral route as is the case with cattle. ...
we cannot rule out the possibility that unrecognised subclinical spongiform encephalopathy could be present in British pigs though there is no evidence for this: only with parenteral/implantable pharmaceuticals/devices is the theoretical risk to humans of sufficient concern to consider any action.
Our records show that while some use is made of porcine materials in medicinal products, the only products which would appear to be in a hypothetically ''higher risk'' area are the adrenocorticotrophic hormone for which the source material comes from outside the United Kingdom, namely America China Sweden France and Germany. The products are manufactured by Ferring and Armour. A further product, ''Zenoderm Corium implant'' manufactured by Ethicon, makes use of porcine skin - which is not considered to be a ''high risk'' tissue, but one of its uses is described in the data sheet as ''in dural replacement''. This product is sourced from the United Kingdom.....
snip...see much more here ;
WEDNESDAY, APRIL 05, 2017
Disease-associated prion protein detected in lymphoid tissues from pigs challenged with the agent of chronic wasting disease
WEDNESDAY, APRIL 05, 2017
*** Disease-associated prion protein detected in lymphoid tissues from pigs challenged with the agent of chronic wasting disease ***
CWD TO CATTLE
***In contrast, cattle are highly susceptible to white-tailed deer CWD and mule deer CWD in experimental conditions but no natural CWD infections in cattle have been reported (Sigurdson, 2008; Hamir et al., 2006). It is not known how susceptible humans are to CWD but given that the prion can be present in muscle, it is likely that humans have been exposed to the agent via consumption of venison (Sigurdson, 2008). Initial experimental research, however, suggests that human susceptibility to CWD is low and there may be a robust species barrier for CWD transmission to humans (Sigurdson, 2008). It is apparent, though, that CWD is affecting wild and farmed cervid populations in endemic areas with some deer populations decreasing as a result.
SNIP...
price of prion poker goes up for cwd to cattle;
Monday, April 04, 2016
*** Limited amplification of chronic wasting disease prions in the peripheral tissues of intracerebrally inoculated cattle ***
*USA USDA CWD BSE SCRAPIE TSE PRION?
3. Prof. A. Robertson gave a brief account of BSE. The US approach was to accord it a very low profile indeed. Dr. A Thiermann showed the picture in the ''Independent'' with cattle being incinerated and thought this was a fanatical incident to be avoided in the US at all costs. ...
Evidence That Transmissible Mink Encephalopathy Results from Feeding Infected Cattle Over the next 8-10 weeks, approximately 40% of all the adult mink on the farm died from TME. snip... The rancher was a ''dead stock'' feeder using mostly (>95%) downer or dead dairy cattle...
In Confidence - Perceptions of unconventional slow virus diseases of animals in the USA - APRIL-MAY 1989 - G A H Wells 3. Prof. A. Robertson gave a brief account of BSE. The US approach was to accord it a very low profile indeed. Dr. A Thiermann showed the picture in the ''Independent'' with cattle being incinerated and thought this was a fanatical incident to be avoided in the US at all costs. ...
The occurrence of CWD must be viewed against the contest of the locations in which it occurred. It was an incidental and unwelcome complication of the respective wildlife research programmes. Despite its subsequent recognition as a new disease of cervids, therefore justifying direct investigation, no specific research funding was forthcoming. The USDA veiwed it as a wildlife problem and consequently not their province! ...page 26.
FRIDAY, OCTOBER 06, 2017
Canada and USA Scrapie BSE TSE Prion Update October 5 2017
WEDNESDAY, OCTOBER 4, 2017
EFSA Scientific Report on the Assessment of the Geographical BSE-Risk (GBR) of the United States of America (USA) a review 2017
FRIDAY, AUGUST 11, 2017
Infectivity in bone marrow from sporadic CJD patients
Bioassays in transgenic mice expressing the human prion protein revealed the presence of unexpectedly high levels of infectivity in the bone marrow from seven out of eight sCJD cases. These findings may explain the presence of blood-borne infectivity in sCJD patients. They also suggest that the distribution of prion infectivity in peripheral tissues in sCJD patients could be wider than currently believed, with potential implications for the iatrogenic transmission risk of this disease.
*** Transmission of Creutzfeldt-Jakob disease to a chimpanzee by electrodes contaminated during neurosurgery ***
Gibbs CJ Jr, Asher DM, Kobrine A, Amyx HL, Sulima MP, Gajdusek DC. Laboratory of Central Nervous System Studies, National Institute of Neurological Disorders and Stroke, National Institutes of Health, Bethesda, MD 20892.
Stereotactic multicontact electrodes used to probe the cerebral cortex of a middle aged woman with progressive dementia were previously implicated in the accidental transmission of Creutzfeldt-Jakob disease (CJD) to two younger patients. The diagnoses of CJD have been confirmed for all three cases. More than two years after their last use in humans, after three cleanings and repeated sterilisation in ethanol and formaldehyde vapour, the electrodes were implanted in the cortex of a chimpanzee. Eighteen months later the animal became ill with CJD. This finding serves to re-emphasise the potential danger posed by reuse of instruments contaminated with the agents of spongiform encephalopathies, even after scrupulous attempts to clean them.
THURSDAY, AUGUST 10, 2017
*** Minimise transmission risk of CJD and vCJD in healthcare settings Updated 10 August 2017
National Prion Center could lose all funding just as concern about CWD jumping to humans rises
SATURDAY, JULY 15, 2017
*** National Prion Center could lose all funding just as concern about CWD jumping to humans rises
CBCnews
*** USA sporadic CJD MAD COW DISEASE HAS HUGE PROBLEM Video
*** sporadic CJD linked to mad cow disease
*** you can see video here and interview with Jeff's Mom, and scientist telling you to test everything and potential risk factors for humans ***
1997 MAD COW VIDEO USA, the cover up begins $$$
1997-11-10: Panorama - The british disease
*** Human Mad Cow Video
*** U.S.A. 50 STATE BSE MAD COW CONFERENCE CALL Jan. 9, 2001
2001 FDA CJD TSE Prion Singeltary Submission
MONDAY, OCTOBER 02, 2017
Creutzfeldt Jakob Disease United States of America USA and United Kingdom UK Increasing and Zoonotic Pontential From Different Species
Terry S. Singeltary Sr.
posted by Terry S. Singeltary Sr. at
9:49 PM
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